TITLE 39

HEALTH AND SAFETY

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

39-4435.  minimum siting criteria for hazardous waste facilities. (1) A new hazardous waste facility shall not be sited:

(a)  Where:

(i)   The seasonal high depth of ground water, beneath the proposed site, is less than one hundred (100) feet below the lowest point of disposal. Perched saturated zones may be exempt from exclusionary criteria if it can be demonstrated that the saturated zone has no economic or consumptive usable purpose;

(ii)  The thickness of fine-grained unconsolidated sediments above the water table is less than twenty-five (25) feet; or

(iii) The depth to fractured rock is less than one hundred (100) feet below the lowest point of disposal; or

(b)  Within:

(i)   Two thousand five hundred (2,500) feet of surface water bodies;

(ii)  One thousand (1,000) feet of existing public, private, or irrigation water supply wells, unless it can be demonstrated that natural hydrogeologic barriers isolate the site location from the aquifer;

(iii) A five hundred (500) year floodplain;

(iv)  Areas that are in close proximity to active fault zones or other tectonically active or unstable areas; or

(v)   Areas overlying any subsurface mining.

(2)  A new hazardous waste disposal or incineration facility shall not be sited within:

(a)  Five thousand (5,000) feet of any off-site residential structure that is routinely occupied at least eight (8) hours per day;

(b)  Three (3) miles of schools, airports, hospitals, or churches; or

(c)  Three (3) miles from a population center greater than one hundred fifty (150) people.

(3)  Incineration facilities may not be located in a class I area designated in accordance with section 162 or 164 of the federal clean air act.

(4)  An area of at least five hundred (500) feet surrounding the active disposal location portion of the site shall be provided as an inactive buffer zone.

History:

[39-4435, added 2026, ch. 89, sec. 11, p. 471.]